Murli Manohar Aditya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4162 of 2017 Murli Manohar Aditya S/o Hem Lal Aditya, Aged About 25 Years R/o Village Kikirda, Police Station Birra, District Janjgir Champa, CG. ---- Applicant

Versus

State Of Chhattisgarh Through The District Magistrate Janjgir, District Janjgir Champa, Chhattisgarh.

---- Respondent For applicant Mr. Shailendra Dubey, Adv.

For Respondent/State Mr. U.K.S. Chandel, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 27-71. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 3-4-2017 in connection with Crime No. 24/2017 registered in PS Birra, Distt. Janjgir Champa (CG) for offence punishable under Section 450, 376, 506 of the Indian Penal Code, 1860.

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed and the same is pending before the Addl. Sessions Judge (FTC), Distt. Janjgir Champa (CG) after is committal. Learned counsel is not aware of sessions trial number but the matter was registered before the JMFC Champa Distt. Janjgir Champa as Cri. Case No. 106/2017. He submits that the applicant is aged about 25 years and the prosecutrix is aged about 75 years, though police has mentioned her age as 70 years. Both are neighbour. Applicant is a mansion. He performed certain work of the prosecutrix. There was a dispute for Rs. 25,000/- standing due regarding remuneration of present applicant and on account of which the applicant was falsely implicated. Looking to the entire facts , instant MCRC may be allowed.

4. Per contra, learned State counsel opposes the arguments advanced

on behalf of the applicant and submits that police has taken cognizance as FIR was lodged by the prosecutrix, also recorded statement under Section 161 and 164 of the Cr.P.C. The instant MCRC may be dismissed.

5. Perused the entire material.

6. On due consideration of the evidence collected against the applicant, I am not inclined to grant bail to the applicant.

7. Consequently, instant MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak